State v. McDavid, 87-2304
| Decision Date | 25 October 1988 |
| Docket Number | No. 87-2304,87-2304 |
| Citation | 13 Fla. L. Weekly 2390,532 So.2d 1125 |
| Parties | 13 Fla. L. Weekly 2390 The STATE of Florida, Appellant, v. Timothy McDAVID, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Dade County; Ralph N. Person, Judge.
Robert A. Butterworth, Atty. Gen., and Fariba N. Komeily, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellee.
Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.
We vacate the sentence because the trial court deviated from the recommended guidelines sentence without providing written reasons. State v. Adams, 528 So.2d 548 (Fla. 3d DCA 1988). Furthermore, we note that defendant's compliance with the trial court's prior order is not a valid basis for departure from the guidelines. State v. Frederick, 525 So.2d 491 (Fla. 3d DCA 1988); State v. Taylor, 482 So.2d 578 (Fla. 5th DCA 1986).
Vacated and remanded with directions to the trial court to provide appropriate written reasons for downward departure from the guidelines.
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